Tag Archives: Transcripts

At Depositions, Ask the Witness To Show, Not Tell.

16 Monday Feb 2015

Posted by in Depositions, Discovery, Evidence, Transcripts, Trial Tips and Techniques, Witness Preparation, Witnesses

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Impeach Witnesses by Creating an Effective Record at Depositions, by Elliott Wilcox, Trial Theater©

http://trialtheater.com/trial-skills/cross-examination/impeach-witnesses-by-creating-an-effective-record-at-depositions/

The depositions were taking longer than expected, and they were some of the most boring depos I’ve ever attended. As we approached 3 o’clock, I could barely keep my eyes open. Luckily, closing my eyes for a brief moment helped me see what the deposition transcript would look like, and pointed out the difference between talking to the witness and talking to the record. Take a look at two sample questions that were asked:

“This blood here, is that from this general area here, or is that from another area?”

“Is this photograph here a photograph of this area here?”

Huh? Do you have any idea what they’re talking about? Do you know where the blood is? Neither will they when the attorney if she tries to impeach the witness using this deposition during trial. . . .

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Lowering the Bar Calls for Deposition Transcripts.

28 Wednesday May 2014

Posted by in Depositions, Discovery, Litigation

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Call for Transcripts, by Kevin Underhill, Lowering the Bar Blog

http://www.loweringthebar.net/2014/05/call-for-transcripts.html

I doubt your clients would approve of sharing a deposition transcript from their case with Kevin, regardless of how hilarious it might be. Don’t worry. Kevin already has quite a collection. -CCE

Last month the New York Times did a fantastic video reenactment of some truly ridiculous deposition testimony. See ‘What Is a Photocopier? (Deposition, Dramatized),’ Lowering the Bar (Apr. 28, 2014) (direct link here). They are looking for more of that kind of thing, which I think is great news, and they asked me for help, which I also think is great. The posts linked below are the ones I recommended as mentioning possible candidates for reenactment, although I unfortunately don’t actually have all of the transcripts. . . .

Manhattan Court Reporter Kept Writing “I Hate My Job.”

05 Saturday Apr 2014

Posted by in Court Reporters, Evidence, Transcripts

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Rogue Alcoholic Court Reporter Kept Writing ‘I Hate My Job’, by Rebecca Rosenberg, Reuven Fenton and Bruce Golding with additional reporting by Steven Hirsch and Laurel Babcock, New York Post

http://tinyurl.com/q3m3b9z

An alcoholic Manhattan court stenographer went rogue, channeling his inner ‘Shining’ during a high-profile criminal trial and repeatedly typing,’ hate my job, I hate my job’ instead of the trial dialogue, sources told The Post.

The bizarre antics by Daniel Kochanski, who has since been fired, wreaked havoc on some 30 Manhattan court cases, sources said, and now officials are scrambling to repair the damage.

One high-level source said his ‘gibberish’ typing may have jeopardized hard-won convictions by giving criminals the chance to claim crucial evidence is missing.

Kochanski’s botched transcripts include the 2010 mortgage-fraud trial of Aaron Hand, who was also convicted of trying to hire a hit man to take out a witness against him.

A source familiar with the case said Kochanski’s transcripts of that trial were a total mess.

‘It should have been questions and answers — instead it was gibberish,’ the source said. . . . .